EMI Songs Australia Pty Limited v Larrikin Music Publishing Pty Limited [2010] FCAFC 110

EMI Songs Australia Pty Limited v Larrikin Music Publishing Pty Limited [2010] FCAFC 110

Given the documented attempts to bring the application for leave to appeal to Mr Strykert's attention and the impracticality of ordinary service, the relevant documents should be taken to have been served on him on 7 August 2010. Because the orders from which leave was sought were determinative of rights between the applicants and Larrikin and leave was not opposed by Larrikin, leave to appeal should be granted.

Jurisdiction
Australia
Judgment Date
09 August 2010
Procedural Posture
Application for Leave to Appeal From Interlocutory Orders and Application for Deemed Service / On Appeal From the Federal Court of Australia
Outcome
Leave to appeal granted; documents taken to have been served on the second respondent on 7 August 2010.
Legal Topics
['leave to Appeal' 'interlocutory Orders' 'service of Documents' 'substituted Service' 'copyright Infringement']
['civil Procedure' 'intellectual Property'] ['leave to Appeal' 'interlocutory Orders' 'service of Documents' 'substituted Service' 'copyright Infringement']

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Procedural Posture

Application for Leave to Appeal From Interlocutory Orders and Application for Deemed Service / On Appeal From the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the applicants should be granted leave to appeal from the judgment of Jacobson J given on 17 March 2010 in proceeding NSD 145 of 2008.' "Whether the applicants' notice of motion, supporting affidavit and amended notice of motion should be taken to have been served on Ronald Graham Strykert on 7 August 2010 under Order 7 Rule 10."]

Ratio Decidendi

Given the documented attempts to bring the application for leave to appeal to Mr Strykert's attention and the impracticality of ordinary service, the relevant documents should be taken to have been served on him on 7 August 2010. Because the orders from which leave was sought were determinative of rights between the applicants and Larrikin and leave was not opposed by Larrikin, leave to appeal should be granted.

Court Disposition

Leave to appeal granted; documents taken to have been served on the second respondent on 7 August 2010.

Orders

  • ['The applicants be granted leave to appeal from the judgment of Jacobson J given on 17 March 2010 in proceeding NSD 145 of 2008.' "The applicants' notice of motion filed on 7 April 2010, the affidavit of Mark James Bamford sworn on 7 April 2010 and the applicants' amended notice of motion filed on 13 April 2010 be...